If the creditor has a formal title with the lateness characterized

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“In the absence of a title capable of producing bankruptcy, no interest can be considered legitimate” (JORGE AMERICANO, op. cit., page 90).

And CARVALHO DE MENDONÇA, with his granite language, ends the whole question:

“If any creditor or third party comes to court, without being bulk sms portugal certain of his rights, to disturb the debtor and harm him in his credit, nothing is more in accordance with the sacred principles of Law and Justice than to answer for the damage caused by imprudence, negligence or malice. It is not lawful to deviate from the purpose to which the institutes of law tend. As soon as the law is given an anti-social direction, it no longer deserves legal guarantee, it becomes an abuse, and the protection of the courts on the part of the debtor is legitimate” (ob. cit., no. 339, page 362).

The consultant's bankruptcy was requested three times, as in the initial presentation, it is clear.

The first time, it was denied because the debt was not due. This is an unlawful request in itself, regardless of other evidence. And it is civil law that defines it as such.


If, due to an unpaid debt, the creditor files a lawsuit for the debtor's bankruptcy, with all the depressing consequences for the debtor's person, his business and his credit, he is initiating a violent legal proceeding, based on an unlawful act, and is therefore liable for the consequences of the damage caused. The judgment denying the bankruptcy is, in itself, a specific element of conviction of the malicious and abusive conduct of the creditor, and fundamental to the claim for compensation.